Bombay High Court issues contempt notice to advocate, civic official for seeking to feed stray dogs on court premises

A dog-lover advocate and an official of the Nagpur Municipal Corporation (NMC) seem to have crossed boundaries by asking the Nagpur Bench of the Bombay High Court to suggest a particular place on its premises for feeding stray dogs [Vijay Shankarrao Talewar v. State of Maharashtra]..A Division Bench of Justices Sunil Shukre and MW Chandwani noted that the Deputy Commissioner of NMC had forwarded a letter written to him by Advocate Ankita Shah, seeking to designate one spot on the High Court premises as a 'dog feeding site'."The letters, in our prima facie opinion, are contemptuous of the authority of this Court for the reasons that they have been sent in a sub-judice matter; there is no provision of law quoted in either of the letters that a right exists in the NMC to identify High Court premises as a place for feeding dogs," the Bench observed in its order passed on December 7..The request letter of Shah, which has been endorsed by the NMC officer, prima facie appears to be an attempt at pre-empting the outcome of the matter before the High Court, with a view to drawing some publicity, and amounts to interference in administration of justice, the Bench opined."Accordingly, we direct that show-cause notice be issued to Dr. Gajendra Mahalle (NMC official) and also intervenor advocate Shah as to why contempt proceedings be not initiated against them for attempting to interfere with the administration of justice by this Court," the order stated..The Bench was hearing a Public Interest Litigation (PIL) highlighting the stray dog menace in Nagpur city and other districts.In October this year, the Bench led by Justice Shukre had passed an order asking the NMC to impose fines of ₹200 on citizens who are feeding dogs on streets and in public places.This very order was modified by the Supreme Court on November 16, asking the NMC not to impose any fines, but to comply with other directives issued by the Justice Shukre-led Bench to control the menace of ferocious stray dogs..On December 7, the Bench was informed of the letter endorsed by the NMC official seeking a proper place on the High Court premises for feeding dogs. In reaction, it opined,"There is no mention in the letter as to how many such dogs are endemically resident of the premises of the High Court. There is no mention in the letter that the Supreme Court has directed the NMC to designate High Court premises as the area proper for Dog Feeding. Also, there is no whisper that High Court premises, irrespective of they being one of HIGH RISK areas from security view point where threat to security of the High Court lurks in various ways and forms including possibly in the nature of freely scurrying stray dogs, can be identified as Dog Feeding Area, leaving aside all other areas in the entire city of Nagpur."The Bench said if such an effort is allowed to go on, a possibility of mischief mongers playing havoc with high security areas such as Vidhan Bhavan, Airport, Air Force establishment, Military establishment, Railway Station, District Court, Atomic Mineral Division establishment and so on is not ruled out."Even the premises of Commissionerate, Collectorate, Office premises of Nagpur Municipal Commissioner, P.W.D. Office, Ravi Bhavan (Circuit House) etc. will be put on notice by the NMC officer to be ready for being Dog Feeding Areas turning each of them into Office-cum-Dog Feeding Centre," the Court quipped..In its order, the Bench clarified that it is already being assisted by an Amicus Curiae in this matter and thus would not hear anyone who seeks to intervene.The matter will be next heard on Wednesday..Advocate FT Mirza appeared for the petitioners. Additional Government Pleader DP Thakare represented the State. Advocate SM Puranik represented the Nagpur Municipal Corporation. Advocate Sundeep R Badana appeared for Advocate Shah, who wrote the letter..[Read order]